(Vientiane) - Countries that have joined the new international treaty banning cluster munitions should adopt strong interpretations of key provisions to ensure the ban's success, Human Rights Watch said today. The first formal gathering of the countries that have joined the Convention on Cluster Munitions will get under way on November 9, 2010, in Laos, the country that has suffered the most intense cluster bombing.
"Countries that support the ban need to interpret it and carry it out in a comprehensive way to end the humanitarian harm caused by cluster munitions," said Bonnie Docherty, senior arms division researcher at Human Rights Watch. "This means explicitly prohibiting assistance to other countries with activities banned by the convention."
The Convention on Cluster Munitions prohibits the use, production, transfer, and stockpiling of cluster munitions, and bars states parties from helping countries that have not yet joined with any of these prohibited acts. However, a number of countries - particularly military partners of the United States - have indicated that they believe the convention allows some forms of assistance with banned acts during joint military operations with countries that may still use cluster munitions.
"Countries committed to eradicating these brutal weapons need to make clear that no country should be allowed an exception to assist with use of cluster munitions or other banned activities," Docherty said.
Governments can best make their position clear through national laws, as well as policies and public statements, Human Rights Watch said.
The ban on assistance should also be understood to prohibit transit of cluster munitions through the territory of countries that have joined, serving as a host for foreign stockpiles, and investment in cluster munition production.
"The goal of eliminating civilian suffering from cluster munitions should guide all interpretations of the convention's provisions," Docherty said.
Cluster munitions dispense dozens or hundreds of smaller submunitions over the area the size of a football field. As a result, cluster munitions frequently kill or maim civilians during strikes, especially in populated areas. Since many submunitions do not explode on impact, they become de facto landmines and continue to endanger civilians for months or years after a conflict.
A total of 108 countries have signed the Convention on Cluster Munitions, of which 46 have ratified. The convention entered into force and became binding international law on August 1.
The First Meeting of States Parties to the convention will be from November 9 to 12 in Vientiane. On November 11, Human Rights Watch will present two new briefing papers to the participants: "Promoting the Prohibitions: The Need for Strong Interpretations of the Convention on Cluster Munitions" and "Convention on Cluster Munitions: Questions and Answers on Interoperability and the Prohibition on Assistance."
More than 100 governments, including many that have not yet joined the Convention on Cluster Munitions, will attend the meeting. States parties are expected to agree to a strong political declaration of commitment to make eradicating cluster munitions an urgent matter and to carry out an ambitious action plan laying out concrete steps for the coming year and beyond.
"Cluster munitions can no longer be seen as legitimate weapons," said Steve Goose, director of the arms division at Human Rights Watch and co-chair of the Cluster Munition Coalition (CMC). "No country, even one that has not yet joined the ban convention, should contemplate using these indiscriminate weapons, and certainly no country that has joined should contemplate helping someone else use them."
